Company A v. Company B – Ha Noi Court, Appellate Judgment No. 06/2021/KDTM-PT dated 26 March 2021 INTRODUCTION This article is the second in a series examining the legal issues arising from Appellate Judgment No. 06/2021/KDTM-PT dated 26 March 2021 of the Hai Phong City People’s Court (“Appellate Judgment“), in which the court set aside… Continue reading FIRST-INSTANCE JUDGMENT SET ASIDE FOR LACK OF TITLE TO SUE AND BREACH OF THE INSURANCE SUBROGATION PRINCIPLE IN A MARITIME CARGO DAMAGE CLAIM
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FIRST-INSTANCE JUDGMENT SET ASIDE FOR BREACH OF THE PRINCIPLE OF NE BIS IN IDEM / RES JUDICATA IN A MARITIME CARGO DAMAGE CLAIM
Company A v. Company B – Ha Noi Court, Appellate Judgment No. 06/2021/KDTM-PT dated 26 March 2021 INTRODUCTION This dispute arose from the consequences of a collision at sea on 8 August 2016 between vessel Thanh Dat 01-BLC and vessel Guo Shun 21 in the waters off Binh Thuan province, which caused the entire cargo… Continue reading FIRST-INSTANCE JUDGMENT SET ASIDE FOR BREACH OF THE PRINCIPLE OF NE BIS IN IDEM / RES JUDICATA IN A MARITIME CARGO DAMAGE CLAIM
PARTIES TO AN ARBITRATION AGREEMENT
Foreword An arbitration agreement, while fundamentally a contractual arrangement, operates within a unique hybrid framework that blends contractual principles with procedural rules of arbitration law, as well as the parties’ personal laws. The effectiveness of an arbitration agreement hinges not only on its form and scope, but also on whether the parties have the legal… Continue reading PARTIES TO AN ARBITRATION AGREEMENT
THE DOCTRINE OF ARBITRABILITY OF DISPUTE IN VIETNAM
Foreword The evolution of arbitration in decades has expanded the application of arbitration to various fields of law, reflecting the willingness of legislatures worldwide in favor of an alternative dispute resolution to the national court. Vietnam does not stand outside this trend, as the recent legislation reform introduces a significant legal framework for the expansion… Continue reading THE DOCTRINE OF ARBITRABILITY OF DISPUTE IN VIETNAM
ARBITRATION: VALIDITY OF AN ARBITRATION AGREEMENT
Foreword The validity of an arbitration agreement often serves as a critical gateway: without a valid arbitration agreement, arbitral tribunals lack jurisdiction, and any resulting award may be set aside or denied enforcement. Therefore, it is essential to examine whether an arbitration agreement meets the legal requirements imposed under international conventions and domestic arbitration laws.… Continue reading ARBITRATION: VALIDITY OF AN ARBITRATION AGREEMENT
COURT SETS ASIDE ARBITRAL AWARD FOR “VIOLATION OF ARBITRATOR IMPARTIALITY AND PRINCIPLES OF CONSUMER PROTECTION”
G Joint Stock Company -v- PST Pte. Ltd. [2022] HCMC Court Decision No. 101/2014/TLST-KDTM INTRODUCTION This was a challenge to an arbitral award issued by the Vietnam International Arbitration Centre (“VIAC”), brought by G Joint Stock Company (“G JSC“), which had been the Respondent in the arbitration. The Court of Ho Chi Minh City set… Continue reading COURT SETS ASIDE ARBITRAL AWARD FOR “VIOLATION OF ARBITRATOR IMPARTIALITY AND PRINCIPLES OF CONSUMER PROTECTION”
[A SERIES OF ARBITRATION NOTES] EPISODE 11 | Active Promotion of Mediation Under the SIAC Rules 2025 – Rules 32.4 and 50.2
Abstract: The Singapore International Arbitration Centre (SIAC) has unveiled its 2025 Rules, introducing significant advancements aimed at enhancing the efficiency and flexibility of arbitration. Notably, Rules 32.4 and 50.2 actively promote the use of mediation as a complementary dispute resolution mechanism. These provisions reflect a growing international trend toward integrating mediation within arbitration frameworks, offering… Continue reading [A SERIES OF ARBITRATION NOTES] EPISODE 11 | Active Promotion of Mediation Under the SIAC Rules 2025 – Rules 32.4 and 50.2
[A SERIES OF ARBITRATION NOTES] EPISODE 10 | SIAC RULES: EMERGENCY ARBITRATOR AND EMERGENCY ARBITRATION PROCEDURE UNDER SIAC RULES 2025
Foreword In international arbitration, parties often require urgent relief before the full arbitral tribunal is constituted. To address this need, many arbitral institutions, including the Singapore International Arbitration Centre (“SIAC”), have introduced the Emergency Arbitrator (“EA”) mechanism under Rule 12.1 of the SIAC Rules 2025, as its dedication to a more efficient and modern framework… Continue reading [A SERIES OF ARBITRATION NOTES] EPISODE 10 | SIAC RULES: EMERGENCY ARBITRATOR AND EMERGENCY ARBITRATION PROCEDURE UNDER SIAC RULES 2025
[A SERIES OF ARBITRATION NOTES] EPISODE 9 | SIAC Rules 2025[1]: Can the Notice of Arbitration and Response to the Notice of Arbitration be amended?
Foreword The Notice of Arbitration is one of the most crucial documents in commencing arbitral proceedings under the SIAC Rules[2]. It presents key information, including both substantive claims and procedural applications. As a result, there is always a possibility that amendments, modifications, or supplements may be necessary. Correspondingly, the Response to the Notice of Arbitration… Continue reading [A SERIES OF ARBITRATION NOTES] EPISODE 9 | SIAC Rules 2025[1]: Can the Notice of Arbitration and Response to the Notice of Arbitration be amended?
[A SERIES OF ARBITRATION NOTES] EPISODE 8 | SIAC NEW RULES FOR 2025 | SIAC GATEWAY
Foreword The SIAC Gateway is a secure, web-based platform designed to enhance arbitration case management with SIAC. Offering cloud-based electronic filing, online payments, in-system document uploads, and centralized storage, it streamlines arbitration proceedings for greater efficiency and accessibility. By integrating these digital solutions, SIAC simplifies case administration and improves user experience. The SIAC Rules 7th… Continue reading [A SERIES OF ARBITRATION NOTES] EPISODE 8 | SIAC NEW RULES FOR 2025 | SIAC GATEWAY